code of conduct for public transport authorised officers

8/10/2019 Code of Conduct for Public Transport Authorised Officers

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Code of Conduct for Public Transport Authorised Officers

Updated: September 2013DOC/12/157972[v2]Page 1of 8

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................... 1

INTRODUCTION .......................................................................................... 2

OBJECTIVE OF THIS CODE ....................................................................... 3

OVERVIEW .................................................................................................. 4

1. LEGISLATIVE FRAMEWORK ............................................................. 4

2.

CONDUCT GENERALLY .................................................................... 5

3. CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES .............. 5

4. IDENTITY CARD AND BADGE ........................................................... 6

5. REQUEST TO STATE NAME AND ADDRESS ................................... 6

6. PRIVACY REQUIREMENTS ................................................................ 7

7. ARREST ............................................................................................... 7

8. NOTIFIABLE INCIDENTS .................................................................... 7


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INTRODUCTION

Authorised Officers (AOs) are employed by passenger transport companies to perform statutoryduties and functions essential to the successful and safe delivery of public transport services inVictoria.

Responsibility for ensuring the successful performance of an AO is divided between theDepartment of Transport, Planning and Local Infrastructure (DTPLI) and the passenger transportcompany or association which employs the AO.

DTPLI has responsibility for ensuring that AOs are performing their duties and functions inaccordance with the provisions of the Transport (Compliance and Miscellaneous) Act1983 (theAct) and, as such, acts as a regulator of AOs.

The passenger transport companies and Bus Association Victoria (BAV) as employers of AOs arerequired to ensure that their staff are properly trained and equipped with the skills to perform theirduties. Each of these employers has its own procedures, policies and operating requirementsrelevant to how its AOs go about their work. The passenger transport companies and BAV arerequired to have their own Authorised Officer Management System (AOMS) and to keep properrecords in relation to it.

This Code of Conduct for Public Transport Authorised Officers (the Code) has been developed byDTPLI to provide guidance on the obligations and responsibilities of AOs from the regulatoryperspective. It has been written with AOs as the intended audience.

The Code is not intended to be a comprehensive outline of how AOs are expected to conduct

themselves as employees. It does not address issues which are more properly the responsibility ofthe passenger transport companies. It must be read in conjunction with other documentscontaining the operational and policy requirements of each AOs employer.

The team within DTPLI which is responsible for the authorisation and regulatory oversight of AOsand passenger transport companies sits within Regulation, Governance & Law (RGL) in theTransport Group.

Further information about the regulatory framework can be obtained from:

Director, Operations BranchRegulation, Governance & Law

Department of Transport, Planning and Local InfrastructurePO Box 2797 Melbourne Victoria 3001(03) 9655 2004


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OBJECTIVE OF THIS CODE

The principal objective of this Code is to promote knowledge of, and compliance with, the

legislative responsibilities of AOs.

The primary functions of an AO are to:

act as a deterrent to fare evasion, vandalism and anti-social behaviour

report ticketing and behavioural offences against the Act and regulations made underthe Act

provide evidence to any court or tribunal relevant to ticketing and behavioural offences.

This Code draws on the following legislation and instruments, and should be read in conjunctionwith them:

Transport (Compliance and Miscellaneous) Act 1983

Transport Integration Act 2010

Transport (Infringements) Regulations 2010

Transport (Conduct) Regulations 2005

Transport (Ticketing) Regulations 2006

Transport (Passenger Vehicles) Regulations 2005

Information Privacy Act 2000

Charter of Human Rights and Responsibilities Act 2006

Conditions of AO authorisation

Government Gazette - Determination of relevant incidents and occurrences

Victorian Fares & Ticketing Manual

Public Transport Law and Procedure Reference Notes for Authorised Officers andCertificate III training course, including guidelines for the collection, use and storage ofpersonal information obtained through the public transport compliance process.

AOs must also have detailed knowledge of all relevant operating procedures and internal policiesof the passenger transport company or association that employs them.


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OVERVIEW

AOs have two lines of accountability. The first is to the passenger transport company or buscompany or association that employs them as part of the employer-employee relationship.

The second is to DTPLI, which is responsible for regulatory oversight of AO conduct inaccordance with the Act. The Act sets out the situations in which a person can be authorised,as well as the situations which trigger DTPLIs ability to discipline an AO.

This Code reflects expectations relating to the second of these accountabilities that is, theregulatory one.

1. LEGISLATIVE FRAMEWORK

The Secretary is the statutory office responsible for the authorisation of AOs. Section 221AB of theAct empowers the Secretary to authorise a person who is employed or engaged by a passengertransport or bus company or BAV, but only if the Secretary is satisfied of the matters set out insection 221C. The Secretary has delegated these powers and functions to a number of DTPLIofficers.

These officers include the:

Executive Director, Regulation, Governance & Law

Director, Operations Branch

Manager, Prosecutions and Investigations Unit

References to the Secretary in this Code also refer to those DTPLI officers to whom the Secretaryhas delegated relevant powers and functions under the Act.

To authorise a person as an AO, the Secretary must be satisfied that the person:

is competent to exercise the functions of an AO

is of good repute, having regard to character, honesty and integrity

has agreed in writing to exercise the functions conferred on an AO by the Act accordingto performance criteria established from time to time by the Secretary (this includes theconditions imposed on an authorisation)

is employed or engaged by a passenger transport company or BAV which have beenaccredited by the Secretary under Division 4A of the Act.

AOs must also adhere to a broader, overlapping list of criteria set out in section 221L to maintainauthorisation. This list relates to competence, good repute, honesty and integrity as well as mattersthat trigger the Secretarys powers to investigate officer behaviour and suspend or revoke anauthorisation.

The Secretarys disciplinary powers are found in sections 221J, 221K and 221L. If theSecretary becomes aware of any situation or conduct as set out in s 221L, the Secretary mayinvestigate that situation or conduct. If satisfied that the AO has behaved in a way which isinconsistent with the characteristics set out in section 221L, the Secretary can do a number ofthings, including suspending or revoking the persons authorisation.

If the Secretary decides to take action against an AO, the AO has the right to seek review of thatdecision by the Victorian Civil and Administrative Tribunal (VCAT).


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2. CONDUCT GENERALLY

AOs are required to conduct themselves at all times in a manner which is consistent with the lawand the lawful instructions of their employer.

AOs are required to perform duties to the best of their ability and in a professional, conscientiousand diligent manner. Their conduct should at all times be ethical, honest, appropriately civil andwithin the requirements of applicable laws, this Code and any other lawful instructions of theiremployer. Such conduct is fundamental to maintaining all of the characteristics required for theirauthorisation.

AOs should ensure that there is no conflict between their personal interests and the impartialfulfilment of their official duties and obligations. They are not to accept any benefit (including anygift, gratuity, remuneration, allowance, fee, subsidy, consideration, free service or entertainment)from any person or organisation that may require, or appear to require, them to forego or prejudicetheir duties or obligations.

All information relating to persons allegedly committing an offence which AOs collect in the courseof their duties must be treated lawfully.

Under no circumstances should AOs behave in a way that could reasonably be expected to callinto disrepute the public perception of AOs. For example, AOs must:

show respect for members of the public, their colleagues and the personal property of otherpeople

refrain from using language or behaving in any way which could be deemed offensive,improper or inappropriate by the Secretary, their employer or reasonable members of thepublic

ensure that they constantly assess passenger safety and comfort considerations in theexecution of their duties to report ticketing compliance breaches and other offendingbehaviour.

3. CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES

Public authorities are required by the Victorian Charter of Human Rights and Responsibilities Act2006 (the Charter) to act in a way that is compatible with human rights. The term public authorityis defined to include an entity whose functions are of a public nature, when it is exercising thosefunctions on behalf of the State. This means that transport companies and AOs conducting

enforcement duties under the Act are required to comply with the Charter.

AOs are expected to be aware of the rights set out in the Charter. Some of these rights are veryrelevant to their enforcement duties. In particular, AOs should note a persons right to:

protection from degrading treatment

freedom of movement

protection of privacy and reputation

freedom of expression

peaceful assembly and freedom of association

the presumption of innocence

liberty.


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The Secretary is required to have regard to the Charter when deciding if an AO has behaved in away which breaches the Act. In other words, if an AO has unreasonably interfered with a right apassenger has under the Charter, or without proper excuse, the Secretary might consider that thisinterference constitutes a lack of competence by the AO or an abuse of power, depending on thecircumstances.

Examples:

If an AO has arrested a person on a train, he or she must not prevent other members of thepublic who they do not believe have committed an offence from leaving the train when itarrives at a station.

An AO must not use insulting or intimidating language or gestures towards a person whothey have lawfully arrested.

An AO must not physically restrain a person unless he or she has complied with the Act toeffect a lawful arrest.

4. IDENTITY CARD AND BADGE

Official identity cards, wallets and badges are issued to AOs to allow them to identify themselves topeople for the purposes of compliance reporting activities. AOs are to keep these identificationmaterials safe and secure at all times. Identity cards are to be inserted and housed in the cleardisplay panel of the badge wallet issued by DTPLI.

Whenever AOs are performing official duties they are required to: carry their identity card and badge

produce the identity card and badge to any person they intend to report for non-compliance

produce their identity card and/or badge to any person who requests to see the identity cardor badge.

It is an offence under the Act for an AO to fail to - or to refuse to - produce their identity card uponrequest (section 221I(3)). Misuse of the badge or identity card may, depending on thecircumstances, call into question an AOs honesty and integrity, or may be considered a failure toproperly exercise the functions of an AO.

Uniform badges

The uniform badge is a replica of the AO official badge. DTPLI prefers that AOs wear theuniform badge, except when the AO is undertaking duties in plain clothes.

5. REQUEST TO STATE NAME AND ADDRESS

AOs must introduce themselves as AOs, state their name and produce proof that they are an AOwhen requesting a person who they intend to report for an offence to state his or her name andaddress. It is an offence under section 221I of the Act not to provide identity when asked to do so.Failure by an AO to properly identify him or herself may also be considered a failure to properly

exercise his or her duty.


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If the person being reported asks an AO to repeat their name, or to show their identity card again,the AO must comply with that request. If asked to supply their own name in writing, or asupervisors name and contact details, the AO should do so.

AOs are not obliged to state their residential address but must give their work address, ifrequested. This information may be given orally or in writing, but should be given in writing if this is

specifically requested.

6. PRIVACY REQUIREMENTS

When AOs collect personal information from any person, for example, the persons name, contactdetails and age, the AO must comply with the Information Privacy Act2000. Misuse of any suchinformation by the AO will result in disciplinary action as it would reflect a lack of competence,inappropriate use of power or lack of honesty and integrity.

Whenever personal details are obtained from a person, an AO should either provide the brochureentitled What happens if you are reported or state the following or similar:

You have been spoken to by me, I am an authorised officer and I believe onreasonable grounds that you have committed an offence under the Transport (Complianceand Miscellaneous) Act 1983 or the Regulations. I am required to obtain and confirm yourname and address to enable a report to be submitted to the Department of Transport,Planning & Local Infrastructure. This information will be stored in accordance with theInformation Privacy Act and it will not be disclosed to any other party except for the legal orrelated purpose for which it has been collected.

AOs must also collect personal information only by lawful and fair means and not in anunreasonably intrusive manner or by illegal means.

7. ARREST

An AO should only arrest a person when they have no other lawful choice. Arresting a personshould not be the first response as it deprives that person of their liberty. This is always a seriousmatter.

The need to arrest a person should be fully corroborated, regardless of whether the arrest isaccompanied by conflict.

As soon as the reason for the arrest ceases to exist, the person arrested must be informed that heor she is no longer under arrest and is free to leave or words to this effect. If an arrest isrecklessly or negligently effected or maintained contrary to these requirements, the AO may beliable to disciplinary consequences and/or to civil or criminal action for false arrest or falseimprisonment. Such an arrest may also be considered to be an abuse of power.

When an AO arrests a person, he or she may only use force that is reasonable in all thecircumstances to effect that purpose, which in most cases will be to obtain confirmation of anidentity.

8. NOTIFIABLE INCIDENTS

The Secretary has determined a series of incidents and occurrences which must be reported toDTPLI. These incidents are listed in the Government Gazette and are updated from time to time.


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The current incidents are described in Government Gazette, G38, September 2011, page 2244(http://www.gazette.vic.gov.au/gazette/Gazettes2011/GG2011G038.pdf) . They are listed below.

Responsibility for reporting these incidents to DTPLI ultimately falls on the relevant passengertransport company, however, AOs are responsible for reporting any incidents that may fall under

any of these categories to their supervisor or manager. If AOs do not report relevant incidents totheir manager, it may be considered a failure to display honesty and integrity or go to an issue ofcompetence.

Notifiable incidents and occurrences under section 228H of the Transport (Compliance andMiscellaneous) Act 1983:1. Disciplinary action taken by an accredited company in respect of an authorised officeremployed or engaged by that accredited company during the course of the authorisedofficers duties.2. An incident between an authorised officer and a member of the public involving the use ofphysical force by an authorised officer, including lawful arrests.3. An incident involving an authorised officer which results in a person (excluding the

authorised officer) being injured, or the person alleging that he or she has been injured.4. An incident involving an authorised officer which results in damage to, or interference with,the personal property of a member of the public.5. A finding of guilt by a court against an authorised officer for a criminal offence.* For the purposes of this notice, incident includes a complaint received by an accreditedcompany.

code of conduct for public transport authorised officers

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